Wakilii

Bisangwa Kasimba Josephat and Bisons Consult International Limited v Diamond Trust Bank (U) Limited and Trust Auctioneers and General Bailiffs (Miscellaneous Application No. 251 of

High Court · [2025] UGCommC 251 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside dismissal order for non-appearance in underlying miscellaneous application
Decision
Dismissal order set aside and underlying application reinstated for hearing on merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that counsel for the applicants demonstrated sufficient cause for non-appearance at the hearing of the underlying application on 27 January 2023, having adduced medical evidence dated 15 January 2023 showing physical incapacity. The court invoked its inherent powers under section 98 of the Civil Procedure Act to set aside the dismissal order and reinstate the application for hearing on merits in the interest of justice.

Outcome

Dismissal order set aside and underlying application reinstated for hearing on merits

Facts

The applicants' counsel failed to appear when Miscellaneous Application No. 445 of 2022 came up for hearing on 27 January 2023, resulting in dismissal for non-appearance. The applicants filed this application one year later seeking to set aside the dismissal order. They adduced a medical form dated 15 January 2023 as evidence that counsel was physically incapacitated and unable to attend court. The respondents contended that the applicants and their counsel were guilty of dilatory conduct in filing the application after one year and had not demonstrated sufficient cause for non-appearance.

Issues

  1. Whether the applicants were prevented by sufficient cause from appearing in Miscellaneous Application No. 445 of 2022 when it was called for hearing

Orders

  • The dismissal order in Miscellaneous Application No. 445 of 2022 is set aside
  • Miscellaneous Application No. 445 of 2022 is reinstated and shall be heard on merits
  • Costs shall be in the cause

Rules and key headnotes

Civil Procedure — Setting Aside Dismissal Orders — Sufficient Cause — Medical Incapacity
The term 'sufficient cause' for setting aside a dismissal order depends on the circumstances of each case and must relate to the inability or failure to take a particular step in time. Medical evidence of counsel's physical incapacity at the time of the scheduled hearing constitutes sufficient cause for non-appearance.
Civil Procedure — Burden of Proof — Setting Aside Dismissal Orders
An applicant seeking to set aside a dismissal order bears the burden of proving the existence of sufficient cause for non-appearance, in accordance with sections 101 and 103 of the Evidence Act.
Civil Procedure — Inherent Powers — Interest of Justice
A court may invoke its inherent powers under section 98 of the Civil Procedure Act and section 33 of the Judicature Act to set aside a dismissal order in the interest of justice, to enable determination of all issues between the parties and avoid multiplicity of suits.

Legislation cited (8)

Cases cited (2)

  • Florence Nabatanzi v Naome Zinsobedde (Supreme Court Civil Appeal No. 5 of 1997)
  • Jovelyn Barugahare v Attorney General (Supreme Court Civil Appeal No. 28 of 1993)

Full judgment

↓ Download PDF

The original judgment as reported. Read the original PDF before relying on any passage.

Bisangwa_Kasimba_Josephat_and_Bisons_Consult_International_Limited_v_Diamond_Trust_Bank_(U)_Limited_and_Trust_Auctioneers_and_General_Bailiffs_(Miscellaneous_Application_No._251_of
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.